Green Group Fails to Revive Endangered Species Guidelines Suit

摘要

The Center for Biological Diversity was unable to show how it’s harmed by the U.S. Fish and Wildlife Service’s failure to put guidelines for Endangered Species Act decisions through noticeand comment, the D.C. Circuit affirmed Tuesday.The lawsuit doesn’t claim the failure to follow the procedures resulted in any action or decision that harmed the group, according to the U.S. Court of Appeals for the D.C. Circuit. Andlosing the ability to comment on agency action in the abstract is insufficient to establish standing, the court said in an unpublished, per curiam decision.The group argued the agency’s failure to publish its framework for species status assessments in the Federal Register amounted to an informational injury. However, it failed to pinpointwhat information it lost from the “absence of notice and comment on the framework,” according to the ruling.The Center for Biological Diversity can’t fix the defects of its alleged informational injury by “repackaging that injury as organizational,” the court said.